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H.B. 165

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CHILD SUPPORT GUIDELINES AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Byron L. Harward

5    AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR A 10% CREDIT
6    TOWARD A NONCUSTODIAL PARENT'S MONTHLY CHILD SUPPORT OBLIGATION;
7    DELINEATING WHEN THE CREDIT MAY APPLY; AND ESTABLISHING CONDITIONS
8    THAT MUST BE MET BEFORE THE CREDIT MAY APPLY.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    ENACTS:
11         78-45-7.22, Utah Code Annotated 1953
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 78-45-7.22 is enacted to read:
14         78-45-7.22. Noncustodial parent's credit toward monthly child support obligation.
15        (1) A noncustodial parent is entitled to take up to a 10% credit toward the monthly child
16    support obligation each January and one month other than January of each year if the noncustodial
17    parent:
18        (a) provides notice to the custodial parent, and an employer, or other income withholding
19    entity if applicable, at least 30 days in advance of the due date for the monthly child support
20    obligation in the month the credit will apply;
21        (b) provides a monetary benefit to the child which is at least equal to the credit claimed;
22    and
23        (c) provides an accounting of amounts expended on the child, including receipts or other
24    documentation to:
25        (i) the custodial parent on the due date for the monthly child support obligation in the
26    month the credit will apply; and
27        (ii) the employer, or other income withholding entity if applicable, 14 days before the


1    income withholding date in the month the credit will apply.
2        (2) Expenditures applied toward the 10% credit in Subsection (1) may be accumulated
3    during the period between months in which the credit is claimed, however, claims shall be honored
4    only during January and the one other month of each year as provided in Subsection (1).




Legislative Review Note
    as of 11-21-96 8:31 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The Judiciary Interim Committee recommended this bill.

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